The Railyard Condominiums Rules and Regulations

The following Rules and Regulations, in addition to the Articles of Incorporation for the Railyard Condominiums Owners’ Association, Inc. ("HOA"), the By-Laws of the HOA, the Condominium Declaration and Master Deed for the Railyard Condominiums, and all laws of the State of Texas, County of Travis and City of Austin, as same are amended or extended from time to time, have been adopted by the Board of Directors ("Board") of the HOA and shall be observed and kept by all residents of the Railyard Condominiums:

Rule and Regulation Enforcement:

Enforcement of these Rules and Regulations in addition to other means provided by law, may be by a fine starting at $100 per violation, as same shall be determined and fixed by the Board. Second or further violations, or egregious offenses, may result in greater fines per violation, starting at $250 per violation unless otherwise specified herein.

At the Board’s discretion, a warning letter may be issued instead of a fine.

Any Owner or resident can confidentially report a violation to the HOA. The HOA will then issue a fine or warning letter to the individuals or Unit Owner involved in the violation.

Those subject to a fine or warning letter may appeal the decision to the Board in writing within 30 days from the date of the notification of fine or warning letter. Alternatively, an appeal of the decision may be made in person to the Board at any HOA meeting that occurs within 30 days from the date of the notification of fine or warning letter.

Owners shall be responsible for violations of their tenant(s), children, and guest(s), and in addition to such fines as referenced above, shall be liable and pay for all damages or expenses caused by violation of these Rules and Regulations.

Fines, warning letters, and police reports are a matter of public record, and as such the individuals or Units involved may be publicly identified in oral or written communications by anyone, including the HOA, Owners, or residents.

Any lease of a Unit shall be in writing and shall specifically provide that the lease is subject to and the residents of a Unit shall keep and abide by all of the terms and conditions of the Condominium Declaration and Master Deed for the Railyard Condominiums, and all laws of the State of Texas, County of Travis, and City of Austin, the Articles of Incorporation for the HOA, the By-Laws of the HOA, and the Rules and Regulations, as same are amended or extended from time to time, have been adopted by the Board.

Residents are responsible for the instruction of their children and guests as to the provisions of these rules and regulations. It is the responsibility of parents to provide supervision of their children while playing on the property.

Maintenance fees and special assessments, if any, in an amount determined by the Board, shall be due from each Unit Owner on the first of each month and are delinquent if payment is not received by the fifteenth of the month. A $25.00 late fee will be charged against any delinquent account unless waived by the Board.

These Rules and Regulations may be amended and modified from time to time by the Board.

Residents shall not make loud or disturbing noises, whether music or otherwise, at any hour and shall abate such noise between 10:00 pm and 7:30 am upon request by any person. Please note that open courtyards can amplify and carry voices and noises, including clanging pedestrian gates, stomping feet and cell phone conversations. Loud TVs and stereos carry through walls and between floors.

Any resident may call the police at 911 for emergencies and 311 or (512) 974-5750 for non-emergencies related to excessive noise disturbances.

The Board of Directors of the Association grants permission, herein in writing, for any resident to have pets of any weight, though all other restrictions still apply. Residents are entitled to keep up to 2 pets provided that:

Pets must be led to and use relief areas off the property only.

Pets are NOT allowed in the pool. Violation is subject to an immediate $150 fine.

No animals shall be kept except household pets.

Such pets may not be kept or bred for any commercial purpose and shall have such care and restraint so as not to be obnoxious or offensive on account of noise, odor, or unsanitary conditions.

Pets are kept on a leash when outdoors.

Pets must never be leashed to a stationary object.

Pets must never be left unattended on balconies or patios.

Pets are not allowed to create a disturbance.

No savage or dangerous animal shall be kept.

No pets may be permitted to run loose upon the Common Elements, and any Owner who causes any animal to be brought or kept upon the premises of the Condominium Project shall indemnify and hold harmless the Association for any loss, damage, cost or liability which the Association may sustain as a result of the presence of such animal on the premises, whether or not the Association has given its permission therefore.

Appropriate casual furniture and plants may be placed on balconies and in patios, subject to the right of the Board to direct the removal of any item, which detracts from the general appearance of the property. Examples of items that may not be placed on balconies or patios include barbecue pits, beer kegs, laundry, storage bins, boxes, tarps, trash, dead plants/empty plant pots, interior furniture, fences, and erotic artwork.

No wiring, plumbing, antennas, window air conditioners, or other fixtures or machinery shall be installed on the exterior of any Unit, nor shall any physical changes be made to the exterior of any Unit, without the prior express written approval of the Board.

Interior maintenance and repair of each Unit shall be the sole responsibility of the Owner or resident who shall not have or keep anything or allow anything to be done therein which would constitute a hazard or nuisance to the safety and health of residents, their families, or guests.

Water beds are not allowed in any Unit.

The HOA is only responsible for the building, not internal items such as trash disposers or dryers. The HOA does not have a maintenance person who handles internal Unit repairs or modifications.

Any activity that requires turning off any system (water, electricity, etc.) which supplies more than one Unit shall follow the notification procedure as described for "Water Shut- Offs," modified only to specify the system being effected.

Any resident can call a towing company to tow any vehicle in a No Parking area (eg, unauthorized parking in your space), though the resident should expect to provide legal identification to the towing company. The phone number of a towing company that has done work at the Railyard is (512) 280- 5303.

Resident vehicles shall be parked only in that specific place designated for the resident. Any vehicle parked in a No Parking area, included but not limited to a space not assigned to that resident, any fire zones, or, any place inside the gates but outside of designated spaces, shall be subject to immediate towing without notice at the Owner’s expense.

There is no guest parking inside the gated parking area.

If you have an emergency and must park in the lane or someone else's spot, leave a note on your windshield with contact information (phone # or unit #) where you can be reached to move your vehicle by means other than towing. If you can not be immediately reached via the contact information, your vehicle is subject to towing.

Derelict vehicles (those without current license plates, current inspection stickers, current registration stickers, flat tires, etc.) are subject to towing, at the expense of the vehicle Owner, after expiration of 72 hours notice which notice may be given by warning placed on or in the derelict vehicle.

For parking spaces in front of the dumpster areas (spaces 257, 258, 324 and 329), the maximum vehicle depth is 14 ft measured from the "sleeper" - the stop bar for the tires.

Repairs to vehicles shall not be made on the property.

No boats or trailers of any sort whatsoever, campers, motor homes, or other recreational or utility vehicles of these types shall be parked temporarily or otherwise on the property.

Storage boxes above a parking space is assigned to the parking space, not the Unit.

The common area is for vehicular and pedestrian movement or recreational use and is being maintained in that sense to accomplish those objectives efficiently while at the same time providing privacy as well as visual qualities of aesthetic beauty for residents. Sidewalks, driveways, entrances, and passageways shall not be obstructed or used for any other purpose than ingress or egress.

Residents shall not litter the common areas and shall be responsible for placing all garbage and trash in trash containers and dumpsters on the property. No oil, batteries, petroleum products, mattresses, appliances, toxic substances may be disposed of on the property. Cardboard boxes should be flattened. Non-resident's trash may not be disposed on the property.

No advertisements, signs or posters of any kind shall be placed on the property without the prior written approval of the Board of Directors.

The Association shall have no liability for loss or damage involving outside storage areas, if any, provided for a Unit.

A $150 FINE WILL BE CHARGED TO THOSE WHO DO NOT FOLLOW THE WATER SHUT OFF PROCEDURES.

Shutting off water for any Unit requires that the water be shut off to the entire building, unless that Unit has been modified with water shut-offs. The following procedures must be followed to reduce the chance of water damage, which has occurred in the past, and minimize inconvenience to the other residents.

The Owner requesting the water be shut off must notify the City of Austin their intention to shut off the water. This is done to prevent the City of Austin from accidentally turning the water back on.

Railyard residents in the building being effected must get 24 hours written notice before the water is shut off.

The notice should be titled "Water Shut Off." The notice should include your name, Unit number, and the date and time the water will be shut off.

Notice that the water is being shut off must be placed by every resident's door in the effected building, as well as the bulletin boards near the mailboxes.

A note must be posted near the water shut-off valve at the street identifying who to contact about when the water will be back on.

Your plumber or the City of Austin should be the one to shut off and turn on the main valve at the street.

The water must be shut off only during a week day (Monday to Friday).

The water must be shut off only between 9:00 am to 12:00 am, or 1:00 pm to 4:00 pm.

The Owner or Owner’s representative must be on the building premises during the entire duration of the shut off.

All lockboxes must be placed on the bar provided at gate B (center entrance) of the building the Unit is in. All lockboxes must be clearly marked with the Unit’s number and contact information for either the Realtor, leasing agent or Owner. Unmarked lock boxes are subject to removal by the HOA, without notice. Remove your lockboxes after your sales or leasing activity is completed.

No signs or other advertising devices which are visible from the exterior of any Unit or upon the Common Elements shall be displayed, including "For Sale" signs, without prior written permission from the Association.

For any broken window, failure to repair the window within 10 business days of written notice by the HOA will result in the HOA having the window repaired, and all costs (eg, attorney's fees, locksmith costs to enter the Unit) being billed back to the Unit’s Owner.

For any broken window, glass shards on the ground external to the Unit and in the window frame must be removed immediately, and the window covered, to prevent glass shards from contacting pedestrians outside the Unit. The HOA will take these actions if the Owner or resident fails to do so. A "broken window" includes cracked or broken glass, as well as unsightly alterations such as visible marks, discolorations, coatings, stickers, scratches or etchings (eg, acid etched graffiti).

For any broken window, only as a temporary glass replacement, transparent acrylic or other plastic substitute may be installed by the Owner or resident.

For broken ground floor windows facing the streets, for permanent glass repair, impact resistant glass of the following types must be used:

laminated glass between 1/4" to 3/8" thick, or

tempered glass between 1/8" to 3/16" thick.

Laminated glass and tempered glass are approximately 1.5-2.0 times and 3.0-5.0 times more impact resistant, respectively, than standard glass of the same thickness. Laminated glass is designed to adhere to a piece of plastic (laminate) between the glass panes upon cracking, while tempered glass will fragment into shards. Only a single pane of impact resistant glass needs to be installed to replace the two 1/16" standard panes originally used in these windows.

For ground floor windows facing the streets, the HOA will reimburse the Unit's Owner the cost difference, if any, between glass repair using two standard panes and impact resistant glass, as long as receipts are provided with a written quote from the glass/window repair company of the cost difference.

For all windows not required to have impact resistant glass installed for repairs, standard 1/16" thick glass, single or double pane, or impact resistant glass, may be used for the repair. The HOA will not reimburse any repair costs for these windows.

Physical placement of a barbecue pit is not allowed, and the presence of such equipment constitute an "egregious offense" under the Rules and Regulation Enforcement section above, and will be fined at no less than $300.

Burning of any combustible material, outside of legal fireplace or tobacco use, is considered a fire safety hazard and not allowed as an "egregious offense" and will be fined at no less than $2500.

Illicit activation, deactivation, or tampering with the fire alarm system is considered a fire safety hazard and not allowed as an "egregious offense" and will be fined at no less than $2500.

It is the Owner’s responsibility to maintain smoke alarms and fire extinguishers within the Unit consistent with fire code.

The swimming pool is for residents and their guests only and its use is subject to the following conditions:

In case of emergency, call 911. The phone is the keypad located past the north-east corner of the swimming pool and is adjacent to pedestrian gate 2C on 4th and San Jacinto. Dial 911 and speak into the dial pad. All other gate keypads have the same 911 call capability.

All residents are responsible for their guests.

Persons under twelve ("children") must be supervised by a responsible adult.

No diving.

Running and horseplay are prohibited.

The pool is off limits to persons having sores, wearing bandages, or being ill.

No glass is allowed in the pool area. Food and drinks must be in non- breakable containers and must be kept four feet from the edge of the pool.

Pets, except service animals, are prohibited in the pool area.

Appropriate attire must be worn at all times.

Unauthorized persons are prohibited from operating pool equipment.

No outdoor cooking is allowed in the pool area.

Keep pool gates closed at all times.

Pool hours are 10:00 am to 10:00 pm.

Residents and their guests are not permitted to operate any speaker or amplifying device in the pool area after 10:00 pm and all parties must be ended and the pool closed and locked by 10:00 pm.

No lifeguard is on duty, use the pool at your own risk. The HOA assumes no responsibility for accident or injury. The HOA is not responsible articles that are lost, damaged or stolen.

The HOA retains the right to remove any person from the pool area for behavior that affects the safety, health, and well-being of the Railyard.

Notify the HOA immediately of suspected termites or carpenter ants anywhere in a Unit or the Common Area. The HOA will pay for the extermination of termites and carpenter ants found anywhere in the complex, as they are destructive to the wooden framework of the Railyard..

Notify the HOA of any pests in the Common Areas, as maintenance of the Common Areas is the HOA's responsibility.

The cost of extermination of all other types of pests is the sole responsibility of the Unit’s Owner.